Publications

April, 2009

VISITORS AND BUSINESS VISAS

In the past year we have received innumerable calls from frustrated individuals who have tried to obtain visitor visas from the U.S. Consulate abroad, only to be denied summarily and without explanation, even though many of the applicants have a legitimate reason to come here as tourists to visit children, grandchildren, or parents for temporary business. These applicants have been frequently rejected by a dismissive consular officer, who barely glances at their application. Many of these applicants have strong ties to return to their own countries such as work or family ties but too often the Consular officer ignores the evidence presented. Call us to overcome these denials.

VISITORS VISAS (B-1, B-2)

This temporary Visa is available to an alien who has an actual dwelling place abroad which he/she has no intent to abandon and who wishes to visit the USA for business or pleasure. Usually the first admission is for six months. The stay may be extended fro an additional six months if the applicant has a good reason for the extension and can prove financial means to sustain oneself during the extended visit.

To obtain a B1, B2 visa, an applicant must show employment in the applicant’s country which provides a motive for return, and, family, and social ties in the applicant’s country. The applicant needs to convince the consulate that the applicant is not going to indefinitely stay in the U.S.

BUSINESS VISA (B-1)

Engaging in commerce is permitted for a B1 visitor. Negotiating contracts, consulting, meeting clients or prospective clients are all suitable. Scientific, educational, professional, religious or business activities are also possible as long as it does not involve systematic or regular work. Spouses and minor children of a B1 may enter as B2 tourists to accompany or join the B1 visitor.

Domestic servants of a U.S. citizen who permanently resides abroad and has only come here temporarily may receive B1 status. A nonimmigrant alien, lawfully in the U.S. may bring a servant, if the servant has a residence abroad and has been in the employment of the nonimmigrant alien for at least one year as a servant prior to filing the B1 application. The wage to be paid here must be the prevailing wage in the U.S.

An alien who comes to install equipment pursuant to a contract of sale may come as a B-1 provided it is not for building construction work. Supervisors or trainers of workers would be authorized. B1 visitors may include religious workers who come temporarily to do missionary work; ministers on evangelical tours; foreign athletes who receive no compensation; a foreign medical student who will be on elective training without compensation; a member of the Board of Directors of a US company coming to the US for a Board meeting; foreign corporate personnel coming to create a U.S. affiliate or subsidiary or for seeking investment opportunities.

VISITORS FOR PLEASURE (B-2)

The B-2 visa category includes tourism, social visits, health care, and participants who come to attend conventions, amateur musicals or sport events provided the activities are not for compensation. Alien dependents such as spouse, children or parents of U.S. armed services personnel may come with a B2 visa. A parent of an F1 student may also come to accompany the child provided the trip is not to be indefinite.

A partner (non spouse), regardless of gender, whose primary purpose is to accompany a principal with (E, investor or trader status), (H, professional or specialized knowledge) or (L, intra company transferee) may be granted B2 for the duration of the stay of the E, H, or L nonimmigrant if the primary purpose is to accompany the E, H, or L nonimmigrant.

If a visa is denied, the applicant can submit additional evidence and ask for reconsideration. If the Consulate denies the Visa because of a mistake in the law, the applicant may appeal to the U.S. Department of State. For help, call us.

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!

New York Immigration Lawyers > Immigration Publications > April 2009